respect. >> still, the creek did manage to find its way into nearby neighborhoods. officials decided to evacuate hundreds from their home. seven homes sustained major water damage. >> as they got a closer look today, they see pockets of damage. >> for now we want to raise the level of the levy, create a wall and deal with the boils and then in the next few days make further assessments. >> reporter: as we're back live, you can see the creek. it is well within its bank and has subsided substantially. the mayor was talking about the short term fix, working on the levy, but liz, they are also right now talking about a longer term fix. the big flood in '98 had a major effort to fix this area

up. we will talk about this at 6:00. reporting live in palo alto, joe vasquez, cbs 5. a major sink hole. crewings brought in steel plates to cover the rodeway. this stretch of road could be closed the next couple days we are told. a fallen tree crushed cars mere peralt boulevard. chief meteorologist giving us more. >> reporter: the next weather system is nothing like what we had over the weekend. we had thunderstorms, lightning, damaging winds and heavy rainfall. dry conditions on this christmas eve evening. you can see the beginning of the next wave of rainfall on our long range radar here. we're not looking at excessive

amounts, bit will be back this time tomorrow. look how much rain has fallen just since thanksgiving. san jose you have had 5 inches. walnut creek, 10-inchings of rain. san rafael you have had 14 inches and the north bay mountains have had 20 inches of rain since thanksgiving. rescuers have found no sign of a man who ran from police at a dui stop and then jumped into a creek. 24-year-old anthony donaldson went missing early this morning. police spotted him. police say they tried to get him to come out but he swam away from the officers and they eventually lost sight of him. >> is your brother a swimmer? can he swim many. >> no. my brother has asthma. if he was wearing a lot of clothes and a lot of shoe, not a good sign.

>> police called off serge around 4:45 this morning. a-- search around 4:45 this morning. a team started look for the suspect downstream at about 8:30. a last minute gift from president obama brought joy to federal workers today. but cbs 5 reporter grace lee says last minute holiday turned into a headache for people. >> that's right. pretty much everyone there at an international flight today or tomorrow. if you're wondering why they thought a federal office would be open on christmas eve, the reason is it was scheduled to be open. that is why so many people we spoke with were so upset. >> i am real upset because i don't know, we could have done -- at this point i don't know what we can do now, just wait. we have been here since 7:30. my appointment was at 9:00. >> stranded on christmas eve. it was the same story for dozens who were supposed to

renew or pick up passports today. some had confirmation numbers scheduled for today, including this man. he is supposed to catch a flight to mexico tomorrow to see his wife and 2-year-old. >> extremely frustrating and disappointing. i am not going to be able to see them. >> the passport agency was supposed to be open today, but in a last minute decision on friday the president declared christmas eve a federal holiday. federal workers had complained he should show holiday cheer since they had not had a salary increase since 2009. >> do you expect someone to come out now? >> no. at this point it is a prot . i respect that the president want -- prot . i just wished they would have planned it better. >> reporter: for jeffrey chase, he was hoping to see his mother- in-law in germany before her open heart surgery. >> the worst that happens is

nobody comes. >> most did give up and had to change their travel plans. but for a handful of people who had a life or death situation, they were able to get a new passport. >> you can see it. there it is. >> reporter: that brand new passport. the duty officer we ran into didn't want to talk to us on camera, but the story has a mice christmas ending. the duty officer told us he drove in from naapa on christmas eve and said he would hope others would do the same for him if he were in a similar situation. in the newsroom, grace lee, cbs 5. >> thanks, grace. the marks closed early but wall street had enough time to lose ground. the dow lost nearly 52 points. nasdaq fell 8. the s&pa hundred dropped almost 3-pointa. the stores are busy with shoppers, but are they actually buying? according to the latest figures from shopper track, sells fell.

shopper track now expects holiday spending to be up 2.5%. that's down from prior expectations of a 3.3% rise. all this is not so great news for retailers. the holiday shopping season accounts for 40% of annual sales. mike sugar men is there with more. >> you wake up and say oh my gosh it is christmas tomorrow. let me give you an idea what it was like. >> merry christmas. merry christmas. merry christmas. >> ever have this tough a customer during the holiday season? >> what do you suppose your little sister wants? >> jammies. she'll get back at her sister some day. >> i told them the elves

already have christmas this year. >> other retailers can see 40% of their business come during the christmas shopping season alone. >> a weekday, not during a holiday, we may do 5,000d. currently we're doing about $30,000 by mid afternoon these days. >> he says seven times normal isn't as good. >> tell me what you are getting. >> shoes and gift cards. >> i guess it is not a secret anymore. >> there were a lot of deals to be had. nationwide spending was down but some tried to make it up on this last day possible. >> there is some point in time where you really don't want to do it anymore. you want to be with your family. >> if his family is average delay will spend about $740

this year an maybe waste some dough on something he doesn't want or need but he'll smile just the same when he opens it. >> reporter: and, it's 45 minutes or so until the mall here closes. i am just starting to see empty parking parking spaces. >> every year we tell ourselves we're not going to wait until the last minute. always happens. >> reporter: i hope you finished shopping because you're working tonight. >> i a. i had a couple last minute trips i made today. >> reporter: i'm sure you have mine at the tex right. >> my new year's resolution, to get started earlier next year. the rush is on at the grocery store, too. people running out of time to get the ingredients for their christmas meals. the aisles packed today. workers there have been trying to make the most of it and the stress, sometimes just giving a

big hug to a customer. firefighters met with gunfire as they rush to a burning home. what police are learning about the gunman. another 8 to 20 inches of new snowfall in the sierra about 5,000 feet. we will track sack tax cuts and your forecast, coming up. talk about news you can use if you're really last minute. unique gift items that can hide the fact they were bought on

christmas eve. ,, trap -- to lure firefighter a developing story out of new york. this home was set on fire and used as a trap to lure firefighters. police say a gunman set the fire and waited for help to arrive. he then started shooting. two firefighters were killed. two others survived.

>> cbs reporter jennifer lewis hall is learning more about the firefighters and the man who killed them. >> reporter: firefighters rush to this early morning fire near new york and were met by bullets. police say the 62-year-old lit a home and car on fire so he could lure first responders to the scene and shoot them. two firefighters were killed in the ambush. two more were injured. with crews under attack the flames burned out of control jumping from home to home. >> i am not aware of anything like this in my 23 years. >> a s.w.a.t. team was called in and police say soon after that the gunman took his own life. crews put out the maims but not before several homes were lost. news of the attack spread quickly through the small town. people brought flowers to the local fire house and gave their condolences. >> it is christmas. who targets people on -- i'm

sorry. >> spangler has killed before. he spent 17 years in jail for beating 92-year-old grandmother to death. he has been out of prison since 1998 and police don't know why he apparently targeted the volunteer firefighters. one of them bud also a webster police lieutenant for 20 years -- was also a webster police lieutenant for 20 years. jennifer lewis hall for cbs news new york. hand and wrist injuries are the most common and costly injuries around. the new program working to get patients back to work. do you need as will minute gift for that impossible to shop for person. the unique gift ideas that may not reveal they were bought on christmas eve, coming up next.

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packed saint peter's basili. veryone to pope benedict the 16th delivered christmas eve mass a few hours ago. the pope asked everyone to remember the essence of christmas rather than a commercial celebration. a few hours before mass he lit a christmas peace candle and set it on the window sill of

husband window overlook st. peters square. annual tradition of gifting. >> cbs 5's reporter has more. >> donated by the house of prime ribs, lunch for more than 3,000 people. >> you can see the excitement of the people. they love this. they have been lined up since after breakfast looking forward to this every year. >> this is a vietnam veteran. he appreciates the meal as well as everybody else. >> i see a lot of veterans around here, which is great. >> down in san jose the swing swift is gear up for a night of giving. >> stickers and a bag of toys for a boy and girl. >> the toys are supply --

supplied by the dollar store. >> we show up with gift and they will be ecstatic. >> reporter: over a ton of prime ribs served and more than a thousand christmas presents are on their way. patrick sedillo, cbs 5. there is always someone on your list impossible to shop for. >> cbs 5 reporter julie watson has three gifts that won't break theback and won't reveal you waited until the last minute. >> i always wait million the last minute. >> reporter: as last minute shoppers rush to check off their list, it seems everyone has someone who is nearly impossible to shop for. >> my parents and my fiance. >> my dad. >> my younger daughter. >> because you never know what

the hell they want. >> we have come up with a few last minute gift ideas. if you play your cards right they may never know you waited until the last minute. >> this would be perfect for anybody on my christmas list, whether it was for my dad who loves to cook to my little 7- year-old nephew who is obsessed with like science experiments. >> eye on the bay produce california cities sandra murray -- producer sandra murray discovered it while doing a news segment. forget about rush delivery. simply email or print the ecard and your gift is ready to go. >> by creating electricity from the heat of the fire it can charge your phone, light or other gadgets. >> it gain popularity following

hurricane sandy enabling those without power to charge their phone without fire. it is also back ordered and comes with a ding staff gift tag for last minute holiday orders. and, finally, like a juicer but better. justed a frozen bananas and you have a healthy snack with no sugar, milk or added calories. it was a hit in the newsroom. now, it cost about 50 bucks. target stays open until 9:00. so, rush out and grab it now if you want it. if the weather keeps up we will need one of those bio lights. >> reporter: we have a lot of

nasty weather. calmer weather towards christmas. outside, the south bay, our view, we had a mostly sunny day. the beautiful bay bridge on christmas eve. these are your temperatures outside right now. san francisco 53. oakland 54. the rest of the bay area took the day off. you know who also is being tracked today? santa claus. you may have heard of him. he's working his way around the world. look really closely at your television screen. looks like he is now leaving western europe just dropping off some presents in britain and also ireland, working his way across the atlantic ocean. we are at 4.1 billion and counting. tracking santa tonight. this is an early christmas present for snowfall total if you are a fan of snow. over the weekend, 57 inches of

snowfall. heavenly, 54 inches. there is more coming up tonight and tomorrow. 140% of normal is the show pact right now. last year, 27%. we have five times as much snow this year compared to last year on christmas eve. tonight we will be in the 40s. 24 concord down to 40. a little chilly for the kids early tomorrow morning. low pressure moving in. there is not as much moisture to go with this. also, the storm tracker will be a little bit far to the north. we're not expecting any flooding. what i do expect, high pressure to build back in. we will be sunny and dry to wrap up christmas week, but we will be wet tomorrow. rain moves in from north to south. we're not expecting a repeat of all the severe weather we had over the weekend.

mountain viewh view, 54. 51 for naapa and low 40s for sap tax cuts rosa and san francisco. extended forecast, soggy late tomorrow. wednesday we will have rainfall around. thursday and friday looking good. saturday showers are back. sunday and monday, drying out. more rain moving in tomorrow. >> more and more. >> reporter: merry christmas. >> merry christmas to you. thanks, paul. >> we'll be right back. ,,,,,,,,,,,,

now, a new clinic in alameda county is addressing not on the cost but... as dr. kim s us.. getting patients back s. hand and wrist injuries are the most common injuries. >> as dr. kim shows us getting patients back to work and their families, and the cost is down. >> from holding a baby to cradling a smart phone, our hands are in constant use. curting, catchingings getting -- catching, getting work done.

trigger finger tendonitis. >> it also hurts economically. 20% of all er visits are due to hand and wrist injuries costing up to $740 million a year. >> show me where the pain is. >> now one bay area hospital is offering a smart solution. at high land hospital doctors can now perform certain hand surgeries in a new out patient clinic. >> bottom line, it saves money. it is easier on the patient. they are going to be here a couple hours instead of the day. >> it is a win-win situation for everybody. >> you should feel a little pressure but nothing sharp. >> this surgeon heads up the program which provides the service to low income individuals. he does procedures to alleviate carpal tunnel and small growths and cysts. >> these can safely be done in

this type of setting under a local anesthetic. >> this mother is here to undergo a procedure for carpal tunnel. >> it is shooting pain up the arm, numbness in your fingers. >> the procedure took under 10 minutes. she did not have to fast or undress. she was awake the entire time. there was no need for an "a thesologist. >> it is very good -- anesthesiologist. >> i think it is wonderful. i am glad. i am really happy about it. >> the demand is so great the clinic is now offered twice a month. ,,,,,,,,,,,,,,,,

of beautiful shot. here is what we are working on for the 6:00 news tonight. congress and the president, they have taken off for the holiday. looks like we're headed over the fiscal cliff. the millions in cuts facing bay area cities. plus, caught on camera. dramatic river rescue in l.a . a man clings to bushes for hours fighting that strong current. that is coming up at 6:00. >> one more week at the holiday week weather. >> reporter: it is amazing between this dance last december 20/09 comes -- this december and last december.

five times as much snow this year compared to last year. early christmas present for the skiers. >> yeah. >> thanks for watching. >> glor: ton >> glor: tonight, firefighters ,mbushed. four volunteers targeted by a rs targe >> we're being shot at. multiple firemen down. >> glor: two are dead after responding to a house fire. fire.elrod has more. holiday storms potentially disrupting travel plans for l planss. snow moving from west to east, forecasters say tornados could out the south. down to the wire in the pivotal christmas shopping season. in john blacstone says many retailers will not be ohnebrating. celebratins to santa. >> "dear santa, are you getting ready and fattening up?" >> "how are things at the north pole?" >> glor: and the helpers who answer them. pole?" captioning sponsored by cbs